Responding to Crimes against Humanity committed in Slovenia after the Second World War

Abstract

This article explores responses to crimes against humanity committed on the Slovenian territory in the months following the end of the Second World War. As many as one hundred thirty thousands person are estimated to have been extra-judicially killed in the months following the end of the Second World War by Secret Police controlled by Yugoslav Communist Party. Almost six hundred secret mass grave sites have been so far found on the Slovenian territory. In August 2006, the Slovenian courts refused to open an investigation and start criminal proceedings against Mitja Ribičič on charges of crimes against humanity. This article presents the decision of the Slovenian courts and attempts to analyse its reasoning. A commentary and an analysis of Prosecutor v. Ribičič constitutes the centrepiece of this article. Based on these findings this paper argues that there strong legal and moral grounds for prosecuting crimes against humanity committed in Slovenia after the Second World War. It argues that there are several obstacles against domestic prosecution in Slovenia. In this way, it explores alternative responses to crimes against humanity committed in the Slovenian territory in the months following the end of the Second World War.